Terms of service
TERMS OF SERVICE
Welcome to the webshop (“the Shop”) of deWiz Golf AB (“deWiz”, “we”, “us”).
BY ACCESSING THE SHOP AND/OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR SERVICE AND YOU AGREE TO THE FOLLOWING TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE NOTICE THAT YOU ARE NOT ALLOWED TO USE THE SHOP.
These Terms and conditions of use and service apply to all users of the Shop, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
The Legal Notice, Privacy Policy,Cookie Policy, deWiz™ Safety Instructions and deWiz™ User Guide are all integrated parts of these Terms of Service.
PURCHASES; ONLINE STORE TERMS; OTHER TERMS AND CONDITIONS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are of legal age or at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Shop.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Shop through which the service is provided, without express written permission by us.
PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the Shop. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Shop is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Shop, including contests, promotions or other similar features, all of which are made a part of these Terms of Use (Legal Notice) by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Shop or for any service offered on or through the Shop, the latter terms shall control with respect to your use of that portion of the Shop or the specific service.
deWiz’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Shop should be construed to alter such agreements.
deWiz may make changes to any products or services offered on the Shop, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Shop with respect to products and services may be out of date, and deWiz makes no commitment to update the materials on the Shop with respect to such products and services.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Shop may require you to open an account (including setting up an deWiz-ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify deWiz immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by deWiz or any other user of or visitor to the Shop due to someone else using your deWiz-ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s deWiz-ID, password or account at any time without the express permission and consent of the holder of that deWiz-ID, password or account. deWiz cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
GENERAL INFORMATION ON MEMBERSHIPS
As an alternative to purchasing a deWiz unit, deWiz offers time-limited subscription services ("Memberships").
A Membership provides you with access to a deWiz unit and any features that deWiz holds available for such unit when you subscribe for the Membership (the “subscription date”).
For the avoidance of doubt, any features launched by deWiz after the subscription date will be included in your Membership in deWiz’ sole discretion.
The Membership is added to the unit shipped to you and the unit can be used with any deWiz account.
WITHDRAWAL PERIOD
According to the Swedish Act on Distance Contracts and Off-Premises Contracts (2005:59), you may cancel your contract within 14 days from receiving the product. For more information on distance contracts and the withdrawal right, see the web page of the Swedish Consumer Agency https://www.hallakonsument.se/en/articles/right-of-withdrawal/.
To notify us that you want to make use of your withdrawal right you can use the below model cancellation form. You can also send us an email to the below email address and include the below information.
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deWiz Golf AB |
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Krankajen 14, 211 12 Malmö, Sweden |
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I/We hereby give notice that I/we withdraw from my/our contract of sale of the following product(s): |
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Name of consumer(s): |
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Address of consumer(s): |
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Signature of consumer(s) (only if this form is notified on paper): |
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To exercise your withdrawal right, you shall return the product to us without undue delay and in any event not later than 14 days from the day on which you have informed us that you wish to exercise your withdrawal right. You will have to bear the cost of returning the product.
Notwithstanding the statutory withdrawal right, deWiz offers 30-day returns, which also applies to Memberships. See the Return Policy for applicable terms and conditions.
By subscribing to a Membership, you have accepted and confirmed that in the event the Membership is extended, neither the statutory withdrawal right nor the deWiz Return Policy applies to such extension.
DURATION OF MEMBERSHIP, AUTOMATIC EXTENSION AND TERMINATION
The membership period starts on the subscription date and is valid, at least, for the duration of the originally selected membership period.
Memberships must be terminated at least three days prior to the end of the originally selected membership period. If you do not terminate your Membership at least three days prior to the end of the originally selected membership period, your Membership will be renewed automatically with a time period corresponding to the originally selected membership period. These terms apply also for any extended membership periods.
We will notify you by email to the email address used when signing up for your Membership at least thirty (30) days prior to the last possible termination date in order to remind you of the automatic extension.
You can terminate your Membership in your purchase account (see log in details in your order confirmation) or by sending an email to support@dewizgolf.com, specifying the serial number of the deWiz unit and the purchase account used at purchase. The serial number can be found on the back of the unit or in the settings menu of the deWiz mobile application.
Upon termination, the Membership will remain valid until the end of the current membership period, when the Membership will be terminated. No refunds will be made for the remaining time of the current membership period following termination, unless termination is due to a valid exercise of the statutory withdrawal right or other statutory consumer rights.
Once the Membership has terminated, the deWiz unit will be rendered unworkable and will thus not be usable together with any deWiz account.
RETURN OF DEVICE UPON TERMINATION OF MEMBERSHIP
In the event of Membership termination, you are required to return your deWiz unit within 30 days from the termination date at your own cost. Contact support@dewizgolf.com with information about the unit serial number, your purchase account and country, to be provided with the most convenient way to return the unit. The deWiz unit must be returned together with the deWiz charging cable.
Failure to return the deWiz unit within the specified timeframe may result in a restocking fee of $99 charged to the payment method associated with the Membership.
PAYMENT OF MEMBERSHIP FEE – RECURRING PAYMENTS
The fee for the selected membership period is payable up-front when subscribing to a Membership. At the expiry of the membership period, unless the Membership is terminated in accordance with the termination rules set out above, your purchase account will be charged with the then current membership extension fee for a membership period equivalent to the originally selected membership period. By signing up for a Membership you acknowledge that the Membership will be automatically extended unless duly terminated and you accept responsibility for all recurring charges prior to valid termination.
At the time of renewal, the payment method used at the time of initiating the Membership will be charged, unless updated with a new payment method during the membership period, in which case the new payment method will be charged.
Lack of payment is not considered a valid termination of the Membership. In the event of lack of payment, we reserve the right to invoice you for the outstanding amount, including applicable fees and statutory delay interest.
If you do not fulfil your payment obligations when due, deWiz reserves the right to terminate your Membership.
The applicable prices for Memberships are listed on the deWiz web page. The prices stated are including VAT. Please note that discounted prices may automatically be converted to regular prices in the event of automatic extension. deWiz reserves the right to update the prices for Memberships in its sole discretion provided that deWiz has provided you with a notification thereof in due time before the amendment enters into force.
DEVICE COMPATIBILITY
To use the deWiz service, an Android or iPhone is needed to connect to the deWiz unit. deWiz will use its best efforts to at any time support (i) the Android products and Android software versions officially supported by Alphabet and (ii) iPhone products and iPhone software versions officially supported by Apple, however deWiz does not guarantee that the Service will work uninterrupted. deWiz will offer much of the functionality for both Android and iPhone applications, but some functionality may only be available on one of the platforms. Functionality may be released on one of the platforms before released on the other platform. New functionality may not be compatible with older deWiz units.
SAFETY INFORMATION ABOUT DEWIZ™ SWING ANALYZER AND THE DEWIZ LEARNING STIMULI™ FUNCTION
The deWiz™ swing analyzer, with or without the deWiz Learning Stimuli™ function activated, is always used at your own risk. Therefore, before, during and after any use of the deWiz™ swing analyser with or without the deWiz Learning Stimuli™ function activated, you must always carefully follow the use and safety instructions described in the deWiz™ Safety Instructions And in the deWiz™ User Guide.The deWiz™ swing analyser with the deWiz Learning Stimuli™ function activated will expose the user to electrical energy in levels that might be perceived as painful, therefore the use of the deWiz™ swing analyser with the deWiz Learning Stimuli™ function activated requires that you are an Instructed Person. In order to qualify as anInstructed Personyou must have thoroughly reviewed and completed the deWiz Learning Stimuli™ Instruction Guide available in the deWiz™ App.
If you are considered as a Prohibited User(minors or persons not of legal age, or persons having pacemakers, insulin pumps or any other type of medical devices implanted or by other means attached to the body, or persons suffering from or being inclined to contract diseases such as, but not limited to, heart problems, heart diseases, epilepsy or other medical conditions, including pregnancy, that might be affected, triggered and/or activated by an electric stimuli) you are not allowed to use the deWiz™ swing analyser with the deWiz Learning Stimuli™ function activated.
When in doubt, it is always the user’s own responsibility to seek medical guidance from professional medical expertise before activating and/or using the deWiz™ swing analyser with the deWiz Learning Stimuli™ function activated.
You must never use the deWiz™ swing analyser with or without the deWiz Learning Stimuli™ function activated in violation of the deWiz™ Safety Instructions or the information in the deWiz™ User Guide.
Especially important to only place the deWiz™ swing analyser on your left or right wrist and to never place the deWiz™ swing analyser on other parts of the body than as instructed, i.e. especially not on or close to the heart, the chest, the head, the neck, the torso, the genitals or on any other sensitive parts of the body.
The deWiz™ swing analyser is intended for the use of humans only and must never be placed on or be used by pets or other living creatures.
The deWiz™ swing analyser must always be kept out of reach of children.
The deWiz™ swing analyser is not a toy and must never be handled as such.
The deWiz™ swing analyser contains delicate parts and must be handled carefully and must never be subject to violence, destruction or other harmful handling or the attempt thereof.
The deWiz™ swing analyser contains Lithium batteries whose performance might be affected when exposed to extreme conditions. Therefore, the deWiz™ swing analyser must not be exposed to extreme temperatures, air pressure, atmospheric pressure, water and water pressure, or any other extreme conditions.
The deWiz™ swing analyser must never be left unattended. As owner you are responsible for not lending your deWiz™ swing analyser to others or to leaving your deWiz™ swing analyser unattended. By not adhering to this, you resume the full responsibility for any other person’s use of your deWiz™ swing analyser or any harm such use could cause or risk causing. our Cookie Policy.
UNWANTED IMPACT ON YOUR GAME
When you start working with your swing in order to try to improve your swing movement including short game and putting, or to correct an unwanted swing movement, it is not unlikely that your swing movement during a transitional period (which could be shorter or longer) change to the worse or that you perceive it as if your swing movement is changing to the worse. Any changes of a swing movement including the short game and putting, could also be exposed to or cause the appearance of yips (unwanted movement disorders) or other unwanted impact on your game.
Hence, it is very important that you are aware and understands that you as a user are solely responsible for your golf improvement. deWiz resumes no responsibility for any use of deWiz™ swing analyser with or without the deWiz Learning Stimuli™ function activated, that leads to a worsening of the users golf game or an experienced worsening of the users golf game.
WEEE
“Waste Electrical and Electronic Equipment (WEEE) is taken back free of charge on a one-for-one, like- for-like basis. Waste batteries including rechargeable batteries are taken back free of charge. You are not obliged to make any purchase when returning old batteries. Each local authority must also accept household WEEE and small batteries free of charge at its recycling facilities. All WEEE and waste batteries must be recycled and should not be placed in any of your household wheelie bins. Make sure you always recycle all your old electrical goods and batteries.”
PRIVACY
deWiz’s Privacy Policy applies to use of this Shop, and its terms are made a part of these Terms of Use by this reference. To view deWiz’s Privacy Policy, click here. Additionally, by using the Shop, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Shop may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
DISCLAIMERS
The Shop and the content therein are provided as a convenience to you. The content of the Shop is provided on an “as is” and “as available” basis. deWiz does not warrant that the Shop will be uninterrupted or error-free. deWiz reserves the right to revise the Shop or withdraw access to it at any time.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances will deWiz be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by deWiz to enforce any right or provision of these Terms will not prevent deWiz from enforcing such right or provision in the future.
deWiz may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SHOP. DEWIZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SHOP, EVEN IF DEWIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF DEWIZ WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless deWiz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and conditions of use and service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
RESTRICTED USE AND COPYRIGHTS
The copyright © to the Shop and the content (including but not limited to all photographs, audio and video clips, picture images, graphics, links, webshop architecture, format, layout and data structures, and all other items contained on the Shop) belongs to, or is used with permission by, deWiz. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of deWiz is prohibited and may violate copyright, trademark, privacy laws and other applicable statutes, except in accordance with the following terms. deWiz consents to you browsing the Shop on your computer and printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by deWiz. This limited consent shall automatically terminate upon your breach of any of these Terms of Service.
Individual documents on the Shop may be subject to additional terms indicated in those documents.
The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.
TRADEMARKS
All names, logos and trademarks (“Trademarks”) are the property of deWiz, its affiliates, related companies or its licensors or business partners. The Trademarks may be used only in accordance with the use permitted according to these Terms of Service or with the prior written permission from deWiz. Nothing shown on this webshop should be construed as granting, by implication , estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this webshop without the written permission of deWiz or the third party owner. The use of any deWiz™ logo or mark, whether registered or unregistered, as a hyperlink to this Shop is strictly prohibited unless consented to in writing by deWiz.
YOUR USE OF THE SHOP
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Shop or any content thereof, or in any way reproduce or circumvent the navigational structure or presentation of the Shop or any content thereof, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Shop. deWiz reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Shop, or any other systems or networks connected to the Shop or to any deWiz server, or to any of the services offered on or through the Shop, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Shop or any network connected to the Shop, nor breach the security or authentication measures on the Shop or any network connected to the Shop. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Shop, or any other customer of deWiz, including any deWiz account not owned by you, to its source, or exploit the Shop or any service or information made available or offered by or through the Shop, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Shop.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Shop or deWiz systems or networks, or any systems or networks connected to the Shop or to deWiz.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Shop or any transaction being conducted on the Shop, or with any other person’s use of the Shop.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to deWiz on or through the Shop or any service offered on or through the Shop. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Shop or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of deWiz or others.
SUBMISSIONS
Any material, information or other communications you transmit or post to the Shop will be considered non-confidential, non-exclusive, royalty-free, irrevocable, fully sub-licensable and non-proprietary (“Communications”). deWiz will have no obligations concerning the Communication. deWiz will be free to disclose, copy, distribute, incorporate and/or otherwise use the Communications, together with all data, images, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes.
LINKS
For your easy accessibility deWiz may include links to sites on the Internet that are owned or operated by third parties. By linking to such third-party site, you shall review and agree to that site’s rules of use before using such site. You also agree that deWiz has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-deWiz site does not imply that deWiz endorses the site or the products or services referenced in such third-party site.
MODIFICATION OF TERMS
deWiz may revise these terms at any time by updating this Legal Notice. deWiz reserves in its sole discretion, the right to discontinue the Shop’s availability at any time without notice. If any term, condition, or provision of these Legal Notices is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW
The Shop and these Terms of Service are governed by and subject to the laws of Sweden without regard to its conflict of laws principles.
CONTACT INFORMATION
If you have questions or comments about the Services or these Terms, please contact deWiz at legal@dewizgolf.com; or by mail at: DEWIZ GOLF AB, KRANKAJEN 14, 211 12 MALMÖ, SWEDEN.
Last updated January, 2024